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CoUncilmember Butler stated he would like to find a reason to ~rant this variance primarily because of owenrs costs involved. He stated there will be a hardship created to have the fences removed, however, after having looked at the fences he could not make the necessary findings to allow retention of the fences. Councilmember Mohr stated that to allow this variance would not be fair to pre- vious applicants who have been denied similar variances. She suggested that the ordinance be modified in some manner to allow more flexibility. Councilmember Wood requested that staff read the findings necessary to grant a variance. Mr. Harris read the required findings, and stated they are based on state law. Mayor Mercer stated he would be voting to allow the appeal, stating that people have rights and perhaps the law is wrong. He stated he felt that leaving the fence as it is now enhances the public health, safety and welfare of the neighborhood. He added that he has almost consistently voted in favor of allowing variances that im- prove the property owners rights. After further discussion, it was moved by Councilmember Brandes, and seconded by Councilmember Butler, that ResOlution No. 85-21, denying AP-84-20, the appeal of San Jose Financial of a decision of the Board of Adjustment denying the application for a variance from the requirements of the Ordinance Code to maintain existing fences with- in the required street side yard setbacks located at 6182/6186 Corte Santiago, 6185/ 6190 Corte Del Rey, and 6052/6114 Hansen Drive, because the necessary findings to allow the variance could not be determined, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, and Wood NOES: Mayor Mercer ABSENT: None PUD-84-15, Application of Castlewood Valley Homes, Inc., for PUD (Planned Unit Develop- m~nt) .~e~elopment ~lan approval for a 129 unit Single-family residential project pro- posed for the approximately 53 acre site, located easterly of the terminus of Mission D~ive, Junipero Street and .~an Jose D~ive. The property is zoned PUD (Planned Unit Develo~me~)-Low Density Residential District Consider Adoption of Negatiye De.claration Mr. Harris presented his report (SR 85:03) dated January 7, 1985, regarding this matter. He requested that Condition 29 of the staff report be modified to read: "That the six acre open space area shall be dedicated to the City with no credit given for park dedication"; and that Condition 30 be added to read as follows: "That the developer be aware that the size of the park and open space area shown on ~the development plan may be modified somewhat depending upon the final agreement entered intolbetween the City and developer for the exchange of the 4.1 acre park site and the undeveloped por- tion of Mission Hills Park. In no case will the park site shown on the deve-lopment plan be smaller than 4.1 acres. This may require a formal modification to the develop- ment plan for Case PUD-84-15". Mayor Mercer declared the public hearing open on the application and the negative declaration. Mr. Art Dunkley, Castlewood Valley Homes, 205-F Main Street, representing the Lund Ranch project, described the perimeters of the project and stated he is pleased with the design effects. He elaborated on the~maximum traffic impact on the Mission Park subdivision. He asked that two conditions be added as requested by the neighboring homeowners, as follows: (1) that San Jose Drive and Junipero Street not be opened for access into the project (except for emergency vehicles) until the Access road to Bernal 7. 1/7/85